Jennifer Tulley Architect, Inc. v. Shin

N.D. California

Jennifer Tulley Architect, Inc. v. Shin

DecidedMarch 11, 2021

Docket3:21-cv-00619

StatusUnknown

This text of Jennifer Tulley Architect, Inc. v. Shin (Jennifer Tulley Architect, Inc. v. Shin) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jennifer Tulley Architect, Inc. v. Shin, (N.D. Cal. 2021).

Pincite

Opinion

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JENNIFER TULLEY ARCHITECT, INC., Case No. 21-cv-00619-AGT 6 Plaintiff, ORDER GRANTING MOTION TO 7 v. DISMISS 8 JEANNIE SHIN, et al., Re: Dkt. No. 13 9 Defendants. 10 The Court agrees with defendant Shin that plaintiff prematurely filed its copyright- 11 || infringement claim and that the claim isn’t currently ripe for review. Before plaintiff may sue for 12 || infringement, the U.S. Copyright Office must either register or preregister the copyright at issue. 13 See 17 U.S.C. § 411(a); Fourth Est. Pub. Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 14 || 887-88, 892 (2019); id at 887 (noting that “registration is akin to an administrative exhaustion 3 15 || requirement”). Neither of these events has occurred, and plaintiff admits that it is still “awaiting a 16 || registration.” Compl. { 1; accord Opp’n, ECF No. 16 at 8. As plaintiff's infringement claim 3 17 || cannot currently proceed, the Court grants Shin’s motion to dismiss it. Plaintiff may seek leave to 18 || amend its complaint to replead the infringement claim if registration or preregistration is obtained. 19 Plaintiff's complaint also includes a number of state-law claims that arise out of the same 20 || course of conduct as the infringement claim. Shin has moved to dismiss these claims as well. She 21 || has also moved to strike a demand for punitive damages associated with one or more of the state- 22 || law claims. Having determined that the infringement claim cannot move forward at this time, the 23 || Court declines to exercise supplemental jurisdiction over the state-law claims. If the infringement 24 || claim later becomes viable, plaintiff may replead the state-law claims. Shin may then reassert her 25 || arguments for dismissal of those claims and her request to strike the demand for punitive damages. 26 IT IS SO ORDERED. □ □ 27 Dated: March 11, 2021 ALEX G. TSE 28 United States Magistrate Judge

Free access — add to your briefcase to read the full text and ask questions with AI

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JENNIFER TULLEY ARCHITECT, INC., Case No. 21-cv-00619-AGT 6 Plaintiff, ORDER GRANTING MOTION TO 7 v. DISMISS 8 JEANNIE SHIN, et al., Re: Dkt. No. 13 9 Defendants. 10 The Court agrees with defendant Shin that plaintiff prematurely filed its copyright- 11 || infringement claim and that the claim isn’t currently ripe for review. Before plaintiff may sue for 12 || infringement, the U.S. Copyright Office must either register or preregister the copyright at issue. 13 See 17 U.S.C. § 411(a); Fourth Est. Pub. Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 14 || 887-88, 892 (2019); id at 887 (noting that “registration is akin to an administrative exhaustion 3 15 || requirement”). Neither of these events has occurred, and plaintiff admits that it is still “awaiting a 16 || registration.” Compl. { 1; accord Opp’n, ECF No. 16 at 8. As plaintiff's infringement claim 3 17 || cannot currently proceed, the Court grants Shin’s motion to dismiss it. Plaintiff may seek leave to 18 || amend its complaint to replead the infringement claim if registration or preregistration is obtained. 19 Plaintiff's complaint also includes a number of state-law claims that arise out of the same 20 || course of conduct as the infringement claim. Shin has moved to dismiss these claims as well. She 21 || has also moved to strike a demand for punitive damages associated with one or more of the state- 22 || law claims. Having determined that the infringement claim cannot move forward at this time, the 23 || Court declines to exercise supplemental jurisdiction over the state-law claims. If the infringement 24 || claim later becomes viable, plaintiff may replead the state-law claims. Shin may then reassert her 25 || arguments for dismissal of those claims and her request to strike the demand for punitive damages. 26 IT IS SO ORDERED. □ □ 27 Dated: March 11, 2021 ALEX G. TSE 28 United States Magistrate Judge

Cite This Page — Counsel Stack

Bluebook (online)

Jennifer Tulley Architect, Inc. v. Shin, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennifer-tulley-architect-inc-v-shin-cand-2021.

Opinion

Related

Cite This Page — Counsel Stack